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(영문) 대구지방법원 2016.01.08 2015고정1943

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant driven a rocketing taxi as B at around 22:15, and proceeded at the speed of 85 km each hour at the speed of 85 km between the four-lanes in Daegu Jung-gu and the four-lanes in large area.

Since there is a road with a speed of 60 km per hour, a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit, to keep well see the right and the right at the front of the course, and to accurately operate the steering and the brake system.

In such a situation, the Defendant neglected to do so and proceeded at a speed exceeding 25 km a speed of 25 km per hour, and was on the part adjacent to the Defendant taxi.

E In order to avoid low typ-cars, the above typ-cars were left behind the right-hand part of the above typ-car, and the typ-in part was followed by the above typ-in vehicle.

In conclusion, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim FF (25 tax) who was on the back seat of the said mountain-est vehicle (25) for approximately two weeks of medical treatment, such as salt, tension, etc. in the upper half of the mountain-est area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;